this post was submitted on 28 Feb 2024
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[–] djsoren19@yiffit.net 102 points 9 months ago (4 children)

It's disgusting that they're even entertaining his claims, and a legitimate threat to our democracy if they decide that he does have actual immunity. Remember, Trump is claiming that everything, including treason and fraud, is covered by presidential immunity. By this logic, Biden could have Trump assassinated, and as long as Biden is a sitting president it would be legal.

Trump's claim has absolutely zero legal merit, but the Supreme Court has already been compromised. I will start planning to leave the country if they decide to uphold Trump's claim.

[–] Evilcoleslaw@lemmy.world 44 points 9 months ago* (last edited 9 months ago) (1 children)

So this gets complicated but essentially the question before them is whether he has immunity for official acts, as the trial judge decided he did not.

My guess is the court will wait until the last day of their term, in July, to decide that he does have immunity for official acts. Then it'll get sent back to the trial judge who will fairly obviously rule that these were not official acts. Then Trump's attorneys get a couple more months of delay while they appeal it up the chain losing. This easily pushes his federal cases beyond the election.

After the election, depending on the results, this will 1) all be settled and he will face trial or 2) he becomes President and self pardons or otherwise kills the prosecutions.

[–] kmartburrito@lemmy.world 11 points 9 months ago (3 children)

Nowhere does this court case align with acts that the president performed in an official capacity - rather this is about things outside of the scope of his duties. Campaigning for example, is not an official duty. Attempting to subvert the outcome of an election is not an official duty. Trump is claiming that these things are on the "outer orbit" / fringe of his duties, so he's trying to argue that these are official acts, but that is not the case.

The argument that interfering with any part of an election is ANYWHERE associated with a President's official acts is farcical at best, and this should have been dismissed right out of the gate.

I completely disagree with how you are framing this as an argument about official acts (and I could have just misinterpreted I suppose). It makes it sound like the argument is whether he has immunity for official acts. Presidents DO have immunity for official acts, that's not the question here. It's a question on whether unofficial acts like electioneering are part of a president's duties, and they are squarely not.

[–] Evilcoleslaw@lemmy.world 5 points 9 months ago (1 children)

The argument is over official acts because of the ruling of the District Court. The judge very specifically didn't rule on whether or not these were official acts but ruled that there's no immunity even for official acts. So in this case right now before the Supreme Court that's all they're going to evaluate. They spell it out in the grant of the writ of certiorari.

I think there's a substantial chance that there will be immunity for official acts. But that's also why I think it's fairly obvious that once it gets back to the District Court the judge will find these aren't official acts. It's just unfortunately going to burn up more time to get there.

[–] kmartburrito@lemmy.world 5 points 9 months ago

I see that now after re-reading part of the ruling, thanks for guiding me there. What a mess.

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[–] omega_x3@lemmy.world 21 points 9 months ago (6 children)

If Trump wins this case then Biden could just legally shot Trump in the head or order someone else to do it.

[–] btaf45@lemmy.world 7 points 9 months ago

Kamela Harris can simply refuse to certify Treason Trump. Thats legal according to Cheeto Benito.

[–] LanternEverywhere@kbin.social 5 points 9 months ago

Depends on the timing, Trump may get back into the presidency before the ruling comes.

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[–] RampantParanoia2365@lemmy.world 7 points 9 months ago

I mean, he should have him assassinated as a self-proclaimed enemy to Democracy. He obviously cannot under any circumstances be allowed back in that office. That's just facts.

[–] admiralteal@kbin.social 5 points 9 months ago* (last edited 9 months ago) (1 children)

Fun fact: presidential immunity does now show up anywhere in the Constitution or federal law. It is entirely an invention of the courts.

Nixon v Fitzgerald is the big case in question. And the court at the time -- corrupt as always -- gave the president broad immunity rather than, say, limiting the immunity to just acts related to the office of presidency. The SCOTUS basically said that only political solutions -- impeachment or elections -- can get past executive immunity. That's basically standing law. It's real fucking bad.

Also notable that this case should not have even been granted cert. There was already a settlement. The case was over. One must interpret the court's decision to grant cert in that case to be entirely based on their desire to legislate from the bench and do a favor to the office of the president.

The current very-corrupt SCOTUS picking up this Trump case leaves me very worried.

[–] Riccosuave@lemmy.world 3 points 9 months ago* (last edited 9 months ago)

Worrying is pointless. Based on their decision to hear this case it is a 100% guarantee they have the votes to grant him immunity, and they know it. How they are stupid enough to believe that he won't immediately usurp their own power the second he gets back into the White House I will never know, but I am positive that is where we are headed. Every single piece of available evidence suggests we are in for a Trump dictatorship. Anyone who believes otherwise is a fool.

[–] Rapidcreek@lemmy.world 70 points 9 months ago (3 children)

Bush v gore was decided in a hot minute. Never forget

[–] Evilcoleslaw@lemmy.world 32 points 9 months ago* (last edited 9 months ago)

Oral arguments for this aren't scheduled until late April.

[–] grue@lemmy.world 21 points 9 months ago

Three of the lawyers on Bush's team in that case are now on the Supreme Court. Never forget that!

[–] Son_of_dad@lemmy.world 4 points 9 months ago (1 children)

It's crazy how little of a deal that was in terms of how people just mostly accepted it even if there were grumbles. I can't imagine that happening now without mass chaos and protests.

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[–] Witchfire@lemmy.world 29 points 9 months ago* (last edited 9 months ago)

It's a fucking injustice that this asshole has the money and means to appeal a case of this amplitude all the way up to the Supreme Court, who he hand picked, while people are currently sitting in jail for voting while black or smoking a joint while black.

If this isn't direct evidence of our two tiered "justice" system, I don't know what is.

This country drastically needs an overhaul, otherwise it will end up like Judge Dredd in no time. We have a failed government that no longer even pretends to serve the people.

[–] Son_of_dad@lemmy.world 29 points 9 months ago (2 children)

If they say he's immune from crimes and abuse of power as president, doesn't that mean he's saying Biden is now legally allowed to do the crimes and put Trump in jail without trial?

[–] ChonkyOwlbear@lemmy.world 28 points 9 months ago (3 children)

For the debate of this decision, Biden should sit in the audience with a baseball bat and just stare at Alito.

[–] RagingRobot@lemmy.world 11 points 9 months ago (1 children)

He could clean house and pick all new justices!

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[–] Dkarma@lemmy.world 8 points 9 months ago

This guy gets it.

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[–] cabron_offsets@lemmy.world 8 points 9 months ago

Doesn’t matter, and this narrative is tired af. Democrats will not go after him in that way.

[–] snooggums@midwest.social 27 points 9 months ago (2 children)

Seems like the three he nominated should recuse themselves.

[–] jkrtn@lemmy.ml 4 points 9 months ago (1 children)

Corrupt Clarence should recuse himself from every case but doesn't.

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[–] cabron_offsets@lemmy.world 4 points 9 months ago (1 children)

Seems like my schlong should be a little bigger.

[–] Dkarma@lemmy.world 3 points 9 months ago

2 inches is enough for you

[–] plz1@lemmy.world 26 points 9 months ago (3 children)

FTA, a decision is expected at the end of June (end of their term for the year, I think).

That means if they reject the claim of immunity, trials can restart after that. And with delays, that lines up a wonderful October Surprise (TM), of course. I hate this system so much.

At least he's not immune from any of the state crimes... /s

[–] CleoTheWizard@lemmy.world 9 points 9 months ago (1 children)

That’s only if everything goes to plan. If it does not, it will be close to or after the election that we get any of these cases back and then we’d really be screwed. Basically if he’s succeeded in delaying the cases this far out already, what makes you think he can’t delay another month somehow? This year is about to be really really ugly.

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[–] 4grams@awful.systems 20 points 9 months ago

So the fix is in huh?

[–] ctkatz@lemmy.ml 18 points 9 months ago (4 children)

you only need 4 to hear the case, and I'm pretty sure I know who the 4 are.

they're taking the case, not to reverse the decision but to stall the cases, hopefully past the election where trump would win and moot out these cases.

and in that situation, watch them rule 9-0 after trump is sworn in that the immunity trump says he has doesn't exist.

[–] HAL_9_TRILLION@lemmy.dbzer0.com 8 points 9 months ago (1 children)

watch them rule 9-0 after trump is sworn in that the immunity trump says he has doesn't exist

lol as if Clarence Thomas would do any such thing. That wouldn't trigger the libs.

[–] ctkatz@lemmy.ml 7 points 9 months ago (1 children)

no, but it would stop biden from doing official acts as president such as calling up seal team 6 and having them terminate with extreme prejudice certain key individuals to ensure he stays in office.

[–] Serinus@lemmy.world 3 points 9 months ago

Honestly, just start putting politicians in jail until they agree to make an amendment saying he isn't a king.

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[–] JaymesRS 10 points 9 months ago (1 children)

My grandkids will learn about the Robert’s court in the same breath as Roger B. Taney’s.

[–] YtA4QCam2A9j7EfTgHrH@infosec.pub 6 points 9 months ago (2 children)

You are making pretty big assumptions that the good guys are going to win this one.

[–] grue@lemmy.world 10 points 9 months ago (1 children)

He's making an even bigger assumption that schoolkids learn about Roger B. Taney's court.

[–] JaymesRS 6 points 9 months ago (1 children)

At minimum, I remember spending a full day on Dred Scott in social studies in middle school. Some time between high school and college I learned about his secessionist views and fights with Lincoln.

[–] grue@lemmy.world 6 points 9 months ago (5 children)

If you ask a random person on the street about Dred Scott, you might get a decent answer. If you ask them about Roger B. Taney, I'm willing to bet 99% of the time you'd get a blank stare.

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[–] JaymesRS 2 points 9 months ago (1 children)

“The arc of the moral universe is long, but it bends towards justice.”

—Theodore Parker

[–] agitatedpotato@lemmy.world 3 points 9 months ago

I don't know who that person is but it sounds like they never lived in an endgame capitalism situation.

[–] SeabassDan@lemmy.world 8 points 9 months ago

Man, they used to be able to hang guys for things like this because those same guys would claim that hanging the opposition was legitimate. Now it's just money all the way down.

[–] vegeta@lemmy.world 6 points 9 months ago* (last edited 9 months ago)

WEDNESDAY, FEBRUARY 28, 2024

CERTIORARI GRANTED

TRUMP, DONALD J. V. UNITED STATES

The application for a stay presented to The Chief Justice is referred by him to the Court. The Special Counsel’s request to treat the stay application as a petition for a writ of certiorari is granted, and that petition is granted limited to the following question: Whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office. Without expressing a view on the merits, this Court directs the Court of Appeals to continue withholding issuance of the mandate until the sending down of the judgment of this Court. The application for a stay is dismissed as moot. The case will be set for oral argument during the week of April 22, 2024. Petitioner’s brief on the merits, and any amicus curiae briefs in support or in support of neither party, are to be filed on or before Tuesday, March 19, 2024. Respondent’s brief on the merits, and any amicus curiae briefs in support, are to be filed on or before Monday, April 8, 2024. The reply brief, if any, is to be filed on or before 5 p.m., Monday, April 15, 2024.

https://www.supremecourt.gov/orders/courtorders/022824zr3_febh.pdf

[–] vegeta@lemmy.world 6 points 9 months ago* (last edited 9 months ago) (1 children)

The Mango Maga Messiah has chimed in

Legal Scholars are extremely thankful for the Supreme Court’s Decision today to take up Presidential Immunity. Without Presidential Immunity, a President will not be able to properly function, or make decisions, in the best interest of the United States of America. Presidents will always be concerned, and even paralyzed, by the prospect of wrongful prosecution and retaliation after they leave office. This could actually lead to the extortion and blackmail of a President. The other side would say, “If you don’t do something, just the way we want it, we are going to go after you when you leave office, or perhaps even sooner.”

Page 2: A President has to be free to determine what is right for our Country without undue pressure. If there is no Immunity, the Presidency, as we know it, will “no longer exist.” Many actions for the benefit of our Country will not be taken. This is in no way what the Founders had in mind. Legal Experts and Scholars have stated that the President must have Full Presidential Immunity. A President must be free to make proper decisions. His mind must be clear, and he must not be guided by the fear of retribution!

-@realDonaldTrump

[–] Telorand@reddthat.com 9 points 9 months ago

That was 9000% not written by Trump. It is far too measured and humble, and it gives credit to far too many people who aren't named Trump.

[–] autotldr@lemmings.world 6 points 9 months ago (1 children)

This is the best summary I could come up with:


Washington — The Supreme Court on Wednesday said it would decide whether former President Donald Trump is entitled to broad immunity from federal prosecution for conduct alleged to involve official acts that occurred while he was in office.

The order from the high court, which has a 6-3 conservative majority, marks the second time in a month that the justices will weigh a case with tremendous implications for the former president.

A three-judge panel on the U.S. Court of Appeals for the District of Columbia Circuit rejected Trump's claim of sweeping immunity.

It's unclear how much of an impact the court's decision to take up the case will have on the timeline for Trump's trial, since the justices could rule swiftly after hearing arguments.

U.S. District Judge Tanya Chutkan, who is presiding over the case, scrapped the initial trial date of March 4 to let the appeals process play out.

The former president has been pushing to delay the case until after the November presidential election, though special counsel Jack Smith has stressed the public interest in holding the landmark trial this year.


The original article contains 336 words, the summary contains 183 words. Saved 46%. I'm a bot and I'm open source!

[–] dhork@lemmy.world 19 points 9 months ago (1 children)

Clarence is about to get himself a shiny new RV, isn't he?

[–] Riccosuave@lemmy.world 2 points 9 months ago* (last edited 9 months ago) (1 children)

No, this is about making sure he does what is best for the white slavers. The amount of shame and personal repression he feels being born as a black man in America can only be overcome if he is able to prove to himself that he was born with the wrong color skin, and he is just as willing to enforce fascism as any goosestepping, jackboot, white-supremacist. The difference is that he actually has the power to do it, and when all is said and done he will have successfully helped install the two worst presidents in American history.

[–] ctkatz@lemmy.ml 3 points 9 months ago

either that or putting his thumb on scale to get another trump presidency so that he can retire with trump in office.

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